Digital Commons Network^™

To Tow Or Not To Tow: The Deterrence Effect Of A Municipal Ordinance, Alexia Brunet Marks, Ronald J. Allen

Publications

We examine the natural experiment caused by amendments to the City of Waukegan vehicular code adding mandatory impoundment and towing of vehicles for certain ticketed behavior. Multivariable negative binomial regression models were used to evaluate the relationship between tickets and accidents and implementation of the legislation while adjusting for the number of registered drivers and time. The legislation led to a 39% reduction in the total number of tickets, 55% reduction in the number of tickets for the four towable offenses, and a 37% reduction in accidents. Accidents to property decreased 39%, tickets decreased 39% for driving with a suspended/revoked …

An Overview And The Evolution Of The Anti-Counterfeiting Trade Agreement, Margot Kaminski

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No abstract provided.

Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain

Publications

This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit …

Who Killed The Hybrid Car? State And Local Green Incentive Programs After Metropolitan Taxicab V. City Of New York, Jonathan Skinner

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Unnecessarily broad preemption ruling under the Energy Policy and Conservation Act discourages other states and municipalities from pursuing innovative, environmentally beneficial policies.

The Inefficiencies And Deficiencies Of Waste Coal, Jonathan Skinner, Michael Brown

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No abstract provided.

Old Enough To Fight, Old Enough To Swipe: A Critique Of The Infancy Rule In The Federal Credit Card Act, Andrew A. Schwartz

Publications

In the 1960s and 1970s, American society came to the considered conclusion that if eighteen-year-olds can be drafted to fight and possibly die for their country, they should be treated as adults under the law. Thus, in 1971, the Twenty-Sixth Amendment to the United States Constitution, which lowered the voting age to eighteen from twenty one, was proposed and ratified in just three months, making it the fastest amendment in American history. The minimum age for federal and state jury service was also lowered to eighteen from twenty one. And, with regard to contract law, every state passed legislation reducing …

Section 5 Constraints On Congress Through The Lens Of Article Iii And The Constitutionality Of The Employment Non-Discrimination Act, Craig Konnoth

Publications

The Employment Non-Discrimination Act (ENDA) that will (hopefully) soon prohibit discrimination against LGB, and ideally, T, individuals, allows state employees to sue states for this discrimination. Scholars and activists fear that these provisions will be struck down as violative of state sovereign immunity, using the Court's recent jurisprudence on Section 5 of the Fourteenth Amendment. This jurisprudence requires Congress to put forth evidence of past state violations of a defined constitutional right before it can subject states to suit. This Congress has done.

However, this Comment suggests that a new requirement of Section 5 legislation is in the works. Key …

Teaching Values, Teaching Stereotypes: Sex Education And Indoctrination In Public Schools, Jennifer S. Hendricks, Dawn Marie Howerton

Publications

Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: "If You Don't Aim to Please, Don't Dress to Tease," and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer, Jennifer L. Greenblatt, 14 Tex.J. on CL. & CR. 1 (2008). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands. …

Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey

Publications

This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo-American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed dismay …

How Can The Rural Energy Poor Obtain Appropriate Sustainable Energy Technologies?, Michael Waggoner

Publications

Solutions to a current serious problem for the rural energy poor might best be found at least in part in older practices.

The problem comes from cooking over open fires, impairing the health of the cook and of others in her family, using fuel so inefficiently as to threaten forests, and releasing soot that contributes to global warming. Small, cheap, reliable cooking stoves could address these issues, improving health by reducing smoke and exhausting it through a chimney and thus away from the cook, using fuel more efficiently so that less needs to be gathered, and more completely burning the …

Forensic Analysis Of Plug Computers, Scott Conrad, Greg Dorn, Philip Craiger

Publications

A plug computer is essentially a cross between an embedded computer and a traditional computer, and with many of the same capabilities. However, the architecture of a plug computer makes it difficult to apply commonly used digital forensic methods. This paper describes methods for extracting and analyzing digital evidence from plug computers. Two popular plug computer models are examined, the SheevaPlug and the Pogoplug.

Factors Affecting The Matriculation Of African American Undergraduate Students: An Exploratory Study, Leila Halawi, Andrew Knowles, Richard Mccarthy

Publications

In this study, a regression analysis was conducted to explore the factors associated with African American student retention and graduation. The study sample is comprised of 133 undergraduate African American MIS students at a southeastern, private university. This university uses Blackboard. Using a structure that is grounded on Astin’s student involvement theory, the results of this preliminary investigation indicated that both academic involvement and student involvement share a positive relationship with student retention.

Play Education Video Games On Their Terms, Wendi M. Kappers

Publications

It is imperative when utilizing educational video games in K-12 classrooms that student preferences with regard to game play, purpose, and design be considered in order to maximize game play efficiency for learning. As Web 2.0 content infiltrates our educational medium, student customization is key. This manuscript intends to share customization requests gleaned during an 18-week experimental study examining educational video game effects upon 7th graders enrolled in Mathematics and Mathematics 2 courses.

An Event-Based Approach To Describing And Understanding Museum Narratives, Paul Mulholland, Annika Wolff, Trevor Collins, Zdenek Zdrahal

Publications

Current museum metadata tends to be focused around the properties of the heritage object such as the artist, style and date of creation. This form of metadata can index a museum’s collection but cannot express the relations between heritage objects and related concepts found in contemporary museum exhibitions. A modern museum exhibition, rather than providing a taxonomic classification of heritage objects, uses them in the construction of curatorial narratives to be interpreted by an audience. In this paper we outline how curatorial narratives can be represented semantically using our Curate Ontology. The Curate Ontology, informed by a detailed analysis of …

Differential Geometry Of Moving Surfaces And Its Relation To Solitons, Andrei Ludu

Publications

In this article we present an introduction in the geometrical theory of motion of curves and surfaces in R 3 , and its relations with the nonlinear integrable systems. The working frame is the Cartan’s theory of moving frames together with Cartan connection. The formalism for the motion of curves is constructed in the Serret-Frenet frames as elements of the bundle of adapted frames. The motion of surfaces is investigated in the Gauss-Weingarten frame. We present the relations between types of motions and nonlinear equations and their soliton solutions.

Solitary Waves, Periodic And Elliptic Solutions To The Benjamin, Bona & Mahony (Bbm) Equation Modified By Viscosity, S.C. Mancas, Harihar Khanal, Shahrdad G. Sajjadi

Publications

We introduce spatiotemporal solitons of the two-dimensional complex Ginzburg-Landau equation (2D CCQGLE) with cubic and quintic nonlinearities in which asymmetry between space-time variables is included. The 2D CCQGLE is solved by a powerful Fourier spectral method, i.e., a Fourier spatial discretization and an explicit scheme for time differencing. Varying the system’s parameters, and using different initial conditions, numerical simulations reveal 2D solitons in the form of stationary, pulsating and exploding solitons which possess very distinctive properties. For certain region of parameters, we have also found stable coherent structures in the form of spinning (vortex) solitons which exist as a result …

Differential Geometry Of Moving Surfaces And Its Relation To Solitons, Andrei Ludu

Publications

In this article we present an introduction in the geometrical theory of motion of curves and surfaces in R3, and its relations with the nonlinear integrable systems. The working frame is the Cartan's theory of moving frames together with Cartan connection. The formalism for the motion of curves is constructed in the Serret-Frenet frames as elements of the bundle of adapted frames. The motion of surfaces is investigated in the Gauss-Weingarten frame. We present the relations between types of motions and nonlinear equations and their soliton solutions.

Myths Of Coal's Clean Future: The Story Of Methylmercury, Jonathan Skinner-Thompson

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No abstract provided.

Scall Profile: Judy K. Davis, Karen Skinner

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No abstract provided.

Structure And/Or Culture, Daria Roithmayr

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No abstract provided.

Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton

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No abstract provided.

Civil Rights And Systemic Wrongs, Melissa Hart

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Systemic employment discrimination is a structural, social harm whose victims include not only those who can be specifically identified, but also many who cannot. Pattern and practice claims in employment litigation are an essential tool for challenging this structural harm. Unfortunately, the Supreme Court's decision in Wal-Mart v. Dukes brushes aside the systemic nature of the plaintiffs' claims, making both theoretical and doctrinal mistakes in its application of the procedural and substantive law applicable in employment discrimination class action litigation. The most troubling part of the Court's opinion--its rejection of statistical modeling for remedial determinations--has received little attention. This article …

Credit Derivatives, Leverage, And Financial Regulation's Missing Macroeconomic Dimension, Erik F. Gerding

Publications

Of all OTC derivatives, credit derivatives pose particular concerns because of their ability to generate leverage that can increase liquidity - or the effective money supply - throughout the financial system. Credit derivatives and the leverage they create thus do much more than increase the fragility of financial institutions and increase counterparty risk. By increasing leverage and liquidity, credit derivatives can fuel rises in asset prices and even asset price bubbles. Rising asset prices can then mask mistakes in the pricing of credit derivatives and in assessments of overall leverage in the financial system. Furthermore, the use of credit derivatives …

The Overhyped Path From Tinker To Morse: How The Student Speech Cases Show The Limits Of Supreme Court Decisions--For The Law And For The Litigants, Scott A. Moss

Publications

Each of the Supreme Court's high school student speech cases reflected the social angst of its era. In 1965's Tinker v. Des Moines Independent Community School District, three Iowa teens broke school rules to wear armbands protesting the Vietnam War. In 1983, amidst parental and political upset about youth exposure to sexuality in the media, Bethel School District No. 403 v. Fraser and Hazelwood School District v. Kuhlmeier allowed the censorship of an innuendo-filled student government speech and a school newspaper article on teen pregnancy and parental divorce. In 2007, Morse v. Frederick paralleled the rise of reality television …

Wilkes V. Springside Nursing Home, Inc.: A Historical Perspective, Mark J. Loewenstein

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No abstract provided.

A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey

Publications

This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …

Industrial Terrorism And The Unmaking Of New Deal Labor Law, Ahmed A. White

Publications

The passage of the Wagner (National Labor Relations) Act of 1935 represented an unprecedented effort to guarantee American workers basic labor rights--the rights to organize unions, to provoke meaningful collective bargaining, and to strike. Previous attempts by workers and government administrators to realize these rights in the workplace met with extraordinary, often violent, resistance from powerful industrial employers, whose repressive measures were described by government officials as a system of "industrial terrorism." Although labor scholars have acknowledged these practices and paid some attention to the way they initially frustrated labor rights and influenced the jurisprudence and politics of labor relations …

Campaign Speech Law With A Twist: When The Government Is The Speaker, Not The Regulator, Helen Norton

Publications

Although government entities frequently engage in issue-related campaign speech on a variety of contested ballot and legislative measures, this fact has been entirely overlooked in contemporary First Amendment debates over campaign speech law specifically and government speech more generally. The Supreme Court's "campaign speech" and "government speech" dockets have focused to date on claims by private parties that the government has restricted or silenced their speech in violation of the First Amendment. In contrast, disputes over what this Article calls "governmental campaign speech" involve Free Speech Clause and other challenges by private parties who seek instead to silence the government's …

Innovation, Entrepreneurship, And The Information Age, Philip J. Weiser

Publications

This Essay makes the case for antitrust enforcement as a critical part of innovation policy and catalyzing entrepreneurship. It begins by explaining how innovation and entrepreneurship are drivers of economic growth and pillars of any effective economic strategy. With respect to antitrust enforcement and competition policy, it highlights the role that antitrust can play in opening up markets and addressing bottleneck monopolies, such as those at issue in the Microsoft and AT&T cases. It also explains that the most nettlesome challenge of such enforcement is devising appropriate and effective remedies, suggesting a few strategies to address that challenge.

Consumer Contract Exchanges And The Problem Of Adhesion, Andrew A. Schwartz

Publications

Businesses and sophisticated parties have long used "contract exchanges," like the Chicago Board of Trade, to obtain a fair price and protect themselves from market volatility. These contract exchanges have greatly benefited both their participants and the public at large, but participation was long limited to a wealthy few. A decade ago, however, Internet websites, including Hotwire and Priceline, brought the power of contract exchanges directly to consumers, allowing regular people to flex their collective bargaining power to obtain low prices on travel services. Even more recently, other such "consumer contract exchanges," including Prosper and MoneyAisle, have organized vibrant markets …